I read your solution given to Mrs. Neerja Prabhakar and found it to be very clear concise and apt to the query addressed.
So here I am writing to you my query which I believe would be answered in the same way as that of Mrs. Neerja. I have purchased a flat in a CHS in May this year. I moved into the flat in july and since then have observed any loopholes in the functioning of the society. I am jotting down my observations point-wise and seek an appropriate solution in this regard.
1) The Chairman of the society is not a member of society. Can a non member be elected as a chairman?
2) The Society is collecting Rs.1000 per month for a Painting and crack filling fund. The original contract given was of Rs.22 Lacs which the management committee has now increased to 27 Lacs in this AGM. Though the Crack filling and painting work was over in March 2015 itself sudden raising of the contract price has left many members questioned on the genuineness of such act .
3) The committee has already served 5 Yrs but did not conduct any elections. Do the members have any right to elect a new committee, chairman and secretary?
It would be of great help if you can help me out with the answers to the above queries.
I C Naik
In order to become a chairman of housing society a person has to offer himself to be elected as a member of the managing committee. If elected he offers or give his consent to take responsibility. If a person is not qualified to hold the post but he does accept such position and starts acting, what he is doing is misrepresenting his personality as some thing which he is not i.e. IMPERSONATION
This question has been answered at great length on June 2 2015. Read more…
https://www.indiancooperative.com/cooperative-queries/case-of-impersonation-against-chairman/
The procedure for approving such capital expenditure is provided in the Bye-Laws. Get a certified copy of your society’s Bye-Laws (Rs 100 costs) and if it has not been followed, the matter can be taken to cooperative court as a dispute concerning resolution of the general body meeting.
Those committees which are due for expiry of tenure after six months are required U/S 73CB(14) of the MCS Act 1960 to inform the Ward cooperative Election officer being an Authority appointed under the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 and submit a Provisional list of voters in form E2 appended to these Rules. If the managing committee fails in doing this on the last day i.e. 5 years after date of last election ceases to be in office. The Dy Registrar can be requested to organize elections through an Officer appointed U/S 77A who will rum the society also. He has only Six months to do this.